Waiving Obamacare: HHS never had authority to issue exemptions

posted at 12:00 pm on June 7, 2011 by Tina Korbe

According to testimony at a recent hearing of the House Oversight health care subcommittee, the Patient Protection and Affordable Care Act (a.k.a. Obamacare) doesn’t actually grant the Department of Health and Human Services the authority to exempt employers from the law’s annual minimum health care coverage requirements. The Daily Caller reports:

Language granting HHS that power was never in the original law. Instead, through new rules and regulations, HHS gave itself the power last summer using a broad interpretation of certain parts of the law.

The annual limit requirement waivers exempt recipients for one year from having to increase the amount of health care coverage they provide their workers. Each year between now and 2014, the minimum annual limit rises to a new, higher amount. Though the waivers are only for one year, recipients can reapply and be re-approved every year through 2014.

And as of May 13, 2011, HHS had issued quite a few — 1,372. But maybe such a wide interpretation of the regulatory power granted to HHS by Obamacare was warranted? Not so, says Haislmaier. In 21 other sections of PPACA, Congress explicitly grants HHS waiver authority with respect to other provisions. Obviously, that suggests Congress would have explicitly granted the Department the authority to waive the minimum annual coverage requirements, as well.

Why does this not surprise me? This administration has made no secret of its willingness to legislate through the executive branch. But this example exudes a special irony: The executive branch has to improperly legislate to undo — not extend — the legislative branch’s unwieldy legislation.

It’s all made worse, of course, by the way in which HHS has granted the waivers — with little to no transparency and with every appearance of political favoritism. But one congressman seeks to change that. Rep. Tim Huelskamp (R-Kan.), along with 31 of his Congressional colleagues, recently sent a letter to HHS Secretary Kathleen Sebelius to request clarifications about the waiver application and grant process.

“It is sheer hypocrisy to say that this is about healthcare ‘equality,’ but still grant special privilege exemptions to labor unions and businesses,” Huelskamp said in a news release. “Evidence continues to flow forth that these waivers are sometimes about who you know, as a multitude of them have been granted to labor unions that have supported the president or to businesses that are in former Speaker Pelosi’s district. This entire waiver process screams of political favoritism and is an abomination to the democratic process, to the concept of equality under the law, and to individual freedom and liberty.”

The letter asks Sebelius to identify the number and type of denied applications, the number and type of pending applications and the average time it takes to make a decision about whether to grant a waiver. That information would be a good start — if Sebelius responds — but, in light of Haislmaier’s testimony, the secretary has even more explaining to do.

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Rep. Tim Huelskamp (R-Kan.), along with 31 of his Congressional colleagues, recently sent a letter to HHS Secretary Kathleen Sebelius to request clarifications about the waiver application and grant process.

You’re the Congress… it’s YOUR law… TELL HER TO STOP… don’t just ask for a “clarification” as to why she’s violating it.

Rep. Tim Huelskamp (R-Kan.), along with 31 of his Congressional colleagues, recently sent a letter to HHS Secretary Kathleen Sebelius to request clarifications about the waiver application and grant process.

I thought you all knew we would be under the guise of HHS concerning ObamaCare? I also thought you ll knew that they have been handing out waivers for decades, for organizations and large corps as well as State Government Agencies concerning healthcare.

This isn’t surprising and ObamaCare isn’t above anything. I suspect OC and Medicare will merge into one… in 5 yrs.

Rep. Tim Huelskamp (R-Kan.), along with 31 of his Congressional colleagues, recently sent a letter to HHS Secretary Kathleen Sebelius to request clarifications about the waiver application and grant process.

According to testimony at a recent hearing of the House Oversight health care subcommittee, the Patient Protection and Affordable Care Act (a.k.a. Obamacare) doesn’t actually grant the Department of Health and Human Services the authority to exempt employers from the law’s annual minimum health care coverage requirements.

What kind of a government do we have??????

It takes this long after a law is passed to find out what it does & doesn’t say??????

“…This entire waiver process screams of political favoritism and is an abomination to the democratic process, to the concept of equality under the law, and to individual freedom and liberty.”

When you see that trading is done, not by consent, but by compulsion – when you see that in order to produce, you need to obtain permission from men who produce nothing – when you see that money is flowing to those who deal, not in goods, but in favors – when you see that men get richer by graft and by pull than by work, and your laws don’t protect you against them, but protect them against you – when you see corruption being rewarded and honesty becoming a self-sacrifice – you may know that your society is doomed. – Ayn Rand

Selective enforcement of the law is the first sign of tyranny. A government empowered to determine arbitrarily who may operate outside the rule of law invariably embraces favoritism as friends, allies and those with the best-funded lobbyists are rewarded. Favoritism inevitably leads to corruption, and corruption invites extortion. Ultimately, the rule of law ceases to exist in any recognizable form, and what is left is tyranny.

Dr. Milton R. Wolf, a Washington Times columnist, is a board-certified diagnostic radiologist and President Obama’s cousin. He blogs at miltonwolf.com.

This is kind of like “Terd Fishing” isn’t it? I mean – seriously – in the sea of Presidential overreach – why are we singling out this particular terd to complain about – seeing as how the water is covered in terds?

Damn – we’re in a war in Libya without the consent of Congress. We got a “permatorium” down here in the South on offshore drilling and the Fed Court has ruled the Obama administration in contempt of court. Obama FIRED the CEO of a private company – GM. The justice department selectively “defends” lawsuits against laws it likes – and ignores the ones it doesn’t like. Black Panthers caught intimidating voters with weapons at voting polls are completely let off the hook for it.

Why am I supposed to get excited about a few health care waivers?

Seriously – if it’s an issue – shouldn’t the House of Representatives – which is CONTROLLED BY THE GOP – initiate some impeachment procedings to get the dude’s attention?

So….why didn’t any Republican Congress men and women call this out a lot earlier?????

albill on June 7, 2011 at 12:31 PM

Excellent question. These guys are supposed to be keeping the (other) crooks honest. Can we hope that none of the waivers will be ruled legit now and that everyone will be forced to live by the same rules?

You’re the Congress… it’s YOUR law… TELL HER TO STOP… don’t just ask for a “clarification” as to why she’s violating it.

mankai on June 7, 2011 at 12:04 PM

Precisely- weren’t we told that when the GOP took over they would be specifically investigating offences like this? Either Congress has some authority or the whole notion of government in the USA is dead and it may as well declare itself to be just another banana republic.

The source is the Heritage Foundation. The same ones who incouraged Romneycare, then stabed Romney in the back as soon as mandates became labeled as “unConstituional” rather than “taking personal responsibility.”

Heritage foundation is not to be trusted, they go with the political winds, ask Romney.

The Heritage foundation also supported TARP. Well, before they decided they would be against it after it was passed.

Now they have links to a ‘heritage budget’ that continues the spending through the next election. It also turns social security into a welfare program. Does anyone think they will be pulling those ideas from their site if they are implemented?

Without the people’s consent and through breaking Constitutional Law, the Republicans have since Abraham Lincoln been giving out special favors to their cronies in business with very similar results.

For example, the railroad “robber barron corporations” that received financial subsidieshandouts from Abraham Lincoln, all went bankrupt, because flush with government cash, they overbuilt, which is the same thing as happened with Fannie Mae/Freddie Mac.

HOW CAN WE EXPECT THE DEMOCRATS TO DO ANY DIFFERENT SINCE THE REPUBLICANS HAVE BEEN DOING THIS SINCE ABRAHAM LINCOLN…??!!

Breaking the law and spreading-the-wealth-around against the people’s wishes is WRONG… NO MATTER WHO DOES IT.

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It just so happens that the Republicans started it…..with “corporate welfare”…..

The Heritage foundation also supported TARP. Well, before they decided they would be against it after it was passed.

Now they have links to a ‘heritage budget’ that continues the spending through the next election. It also turns social security into a welfare program. Does anyone think they will be pulling those ideas from their site if they are implemented?

Freddy on June 7, 2011 at 3:31 PM

Absolutely! Heritage is suposed to be conservative, but they seem more like opportunists to me.

Not only TARP, but all those politicians who supported some kind of mandate were encourage by the big conservative brains at Heritage!

They were in love with Romneycare, until they stuck their finger in the air and figured they could throw Romney under the bus and attack Obama with the unconstitutionalty of mandates!

Mandates in 2008 were called “taking personal responsibility” and making people not take money from the government to pay for their health insurance.

I don’t really care one way or the other, Obamacare is a monstrousity that was shoved down America’s throat and needs to be repealed. But I think this is another attempt to stab Romney in the back.

Romney called for nationwide waivers and the Heritage Foundation who once backed Romneycare, now says the President doesn’t have the right to issue waivers.

What’s up with that? Who has the personal vendetta? Does Dick Armey run Heritage too?